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Charter Questions <br /> Town Planner/Sewer Commission Chair Tom Fudala <br /> 1. What is the process for amending the Charter? <br /> 2. The Town created a Board of Sewer Commissioners under the provisions of MGL Ch. 41, § <br /> 63 (Article 20, July 27, 198T STM), which specifically calls for the election of sewer <br /> commissioners and has no provision for their appointment by another body. Can the <br /> Charter override / ignore the General Laws and call for appointment of a body which the <br /> General Laws specify is to be elected? <br /> 3. The Charter, as its text reads, appears to have significantly changed / limited the powers <br /> and duties of the Planning Board, providing (in addition to the item in #4 below) only that <br /> they"shall make recommendations to the town with regard to any changes in the zoning <br /> by-law of the town and shall be responsible for the regulation of subdivisions within the <br /> town". Under the General Laws, the existing Town General By-laws and the Town's zoning <br /> by-law, the Planning Board has much more extensive authority regarding approval of special <br /> permits and other matters under zoning, approval of private street naming, <br /> recommendation to the town regarding new public street layouts, development and <br /> approval of master plans, establishment of an Official Map of public and private ways and <br /> parks etc. How can the Charter override or ignore these statutory authorities of the <br /> Planning Board? <br /> The current Town General Laws (Chapter 5, § 5-16) provide, it seems more appropriately, <br /> that"the powers and duties of such Board shall be such as are stated in the General Laws <br /> of the commonwealth and, in addition, it shall consider and advise upon municipal <br /> improvements at the request of other town officials, departments, boards or committees, or <br /> upon its own initiative." What was the Charter Commissions intent in changing this <br /> language? Does the Charter override the General Laws regarding the Planning Board's <br /> authority? Can the Charter override the Town's Zoning By-laws, which specify the Planning <br /> Board's special permit authority? These issues need to be clarified quickly. In the longer <br /> term, however, I believe that the Charter should be amended to accurately reflect the <br /> authorities and responsibilities of the Planning Board as provided in the General Laws. <br /> 4. The Charter now requires the Planning Board to"make plans for the development of the <br /> Town"and report annually"regarding the condition of the town and any plans or proposals <br /> for its development and estimates of their cost." What"development"is the Charter talking <br /> about? The Town, let alone the Planning Board, does not in any significant way develop the <br /> Town. Private interests do. The Planning Board is a regulatory and master planning agency <br /> and is not in charge of developing even Town facilities or estimating their cost (it has no <br /> staff or budget to do so in any case), while other town agencies are charged by the Charter <br /> with doing so. In particular, a "permanent building and other facilities planning and <br /> construction committeo" is mandated by Section 5-7 which is charged with all work in <br /> connection with any municipal building or other facility (excluding items"commonly <br /> understood"to be within the jurisdiction of a public works department, including but not <br /> limited to streets and roads, sidewalks, bridges, sewers, drains and related items) "including <br /> site planning, surveying and engineering studies, architectural plans and specifications and <br /> the supervision of construction." This item needs either some very specific clarification, or <br />